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f.&4B

Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN

Department of Justice

Manila

.OXf

VNA-DC-

f:07 2 1 2017

DEPARTMENT CIRCULAR NO

TO: ALL PROSECUTORS

RE: GUIDELINES ON PLEA BARGAINING AGREEMENT FOR R.A. NO. 9165

OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS

ACT OF 2000"

In the interest of the service and in consonance with the decision of the

Supreme Court in GR No. 226679 entitled "Salvador Estipina, Jr. y Asuela vs. Hon.Frank E. Lobrigo" the following is the Guideline on Plea Bargaining Agreement for R.A.No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2000".

Offense Charged in Information Acceptable Plea Bargain

Section Penalty Section Penalty

Section 4

Importation of

Dangerous Drugs

Life Imprisonment

to Death & Fine

from Php 500k to

Php lOM

No Plea Bargain

Allowed

Section 4, par. 2

Importation ofControiied

Precursors &

Essential

Chemicals

12 yrs & 1 day to

20 yrs and Finefrom Php 100k to

Php 500k

No Plea Bargain

Allowed

Section 4, par. 3

Importation thruuse of diplomatic

passport, etc.

Maximum Penalty No Plea BargainAllowed

Section 4, par. 4

Acting as Financier

in Importation


Section 4, par. 5

Acting as

"Protector/Coddler"

12 years & 1 dayto 20 years & Fine

from Php 100k toPhpSOOk

No Plea Bargain

Allowed

Section 5

Sale^ Trading, etc.

of Dangerous

Drugs

Life Imprisonment

to Death & Fine

from Php 500k to

Php lOM

No Plea BargainAllowed

Section 5, par. 2

Safe, Trading, etc.ofControiied

Precursor &

Essentiai

Chemicais

12 yrs &. 1 day to

20 yrs and Fine

from Php 100k toPhp 500k

No Plea Bargainpossible due to

lack of a lesser

offense (Plea ofGuilt with

Recommendation

by Prosecution forimposition of a

lesser penalty

allowed)

Section 5, par. 3

Sale, trading, etc.

takes place within100 meters from a

school


Section 5, par. 4

Drug pushers who

use minors as

couriers, etc

Maximum Penalty No Plea Bargain

Allowed

Section 5, par. 5

When the victim is

a minor causing

the letter's death


Section 5, par. 6

Acting as Financier


Section 5, par. 7

Acting as

"Protector/Coddler"

12 years & 1 day

to 20 years & Fine


No Plea Bargainpossible due tolack of lesser

offense

(Plea of Guilt withRecommendation

by Prosecution forthe imposition ofa lesser penaltyallowed)

Section 6, par. 1

Maintenance of

Den, Dive or

Resort

Where dangerousdrugs is used orsold in any form

Life Imprisonment

to Death & Fine

from Php 500k to

Php lOM


Section 6, par. 2

Maintenance of

Den, Dive or

Resort

Where Controlled

Precursors and

Essential

Chemicals is used

or sold

12 yrs & 1 day to

20 yrs and Fine


No Plea Bargain

possible due tolack of a lesser


Recommendation

by Prosecution forimposition of alesser penalty

allowed)

Section 6, par. 3

Where dangerousdrug is sold or

delivered to a

minor and is

allowed to use it in

such place


Section 6, par. 4

When the use of

dangerous drugs insuch place causes

the death of a

person

Death & Fine from

Php IM to PhplOM imposed on

owner, maintainer

and/or operator


Section 6, par. 6

Acting as

Organizer,

Manager orFinancier of such

place


Allowed

Section 6, par. 7/

Acting as

"Protector/Coddier"

12 yrs & 1 day to

20 yrs and Finefrom Php 100k toPhp 500k

No Plea Bargain


offense (Plea of

Guilt with

Recommendation

by Prosecution forimposition of alesser penaltyallowed)

Section 7

Employees or

Visitors of Den,

Dive or Resort

12 yrs & 1 day to


Php 500k

No Plea Bargain



Recommendation


allowed)

Section 8, par. 1

Manufacture of

Dangerous Drugs

Life Imprisonmentto Death & Fine

from Php 500k toPhp lOM

No Plea Bargain

Allowed

Section 8, par. 2

Manufacture of

Controlled

Precursors and

Essential

Chemicals

12 yrs & 1 day to

20 yrs and Fine

from Php 100k to

Php 500k

No Plea Bargainpossible due tolack of a lesser


Recommendation


lesser penalty

allowed)

Section 8, par. 4

Acting as Financier


Allowed

Section 8, par. 5

Acting as

"Protector/Codd ler"

12 yrs & 1 day to20 yrs and Finefrom Php 100k to

Php 500k

No Plea Bargain



Recommendation

by Prosecution forImposition of alesser penaltyallowed)

Section 9

Illegal ChemicalDiversion of

Controlled

Precursors and

Essential

Chemicals

12 yrs & 1 day to


Php 500k

No Plea Bargain



Recommendation

by Prosecution forImposition of alesser penalty

allowed)

Section 10, par. 1

Manufacture or

Delivery of

Equipment,

Instruments,

Apparatus andOther

Paraphernalia forDangerous Drugs

and/or Controlled

Precursors and

Essential

Chemicals

12 yrs & 1 day to

20 yrs and Fine


Section 10, par. 2 6 months & 1 dayto

4 years and fine

ranging from Php

10k to Php 50k

(used to plant,propagate,

cultivate, grow,

harvest, etc anydangerous drug,controlled

precursor &

essential chemical

Section 10, par. 2

If paraphernaliamanufactured or

delivered will be

used to Introduce a

dangerous drug Inthe human body

6 months & 1 dayto

4 years and fine

ranging from Php

10k to Php 50k


offense (Plea of

Guilt with

Recommendation

by Prosecution forImposition of a

lesser penaltyallowed)

Section 10, par. 3

If a minor is used

to deliver such

equipment,

instrument,

paraphernalia, etc.


Section 11, Par. 1

Possession of

Dangerous Drugs

(Where quantity ofshabu, opium,morphine, heroin,cocaine exceed 50

grams, etc.)

Life Imprisonment

to Death & Fine

from Php 500k to

Php lOM

No Plea Bargain

Allowed

Section 11, par. 2

Possession of

Dangerous Drugs

(Where quantity ofshabu is 10 gramsor more but not

exceeding 50

grams)

Life Imprisonment& Fine from Php400k to Php 500k

No Plea Bargain

Allowed

Section 11, par. 2

Possession of

Dangerous Drugs

(Where quantity ofopium, morphine,heroin, cocaine is 5

grams or more but

not exceeding 10grams, etc.)

20 yrs and 1 dayto Life

Imprisonment &

Fine from Php

400k to Php 500k


Section 11, par. 3

Possession of

Dangerous Drugs

(Where quantity of"shabu", opium.

12 yrs & 1 day to20 yrs and Finefrom Php 300k to

Php 400k

Sec. 15

Use of Dangerous

Drugs

6 mos. Rehab (1®^Offense)

6 yrs & 1 day to12 yrs & fine from

morphine, heroin,cocaine is less than

5 grams, etc)

Php 50k to Php200k (for 2"^offense)

Section 12

Possession of

Equipment,

Apparatus & OtherParaphernaiia forDangerous Drugs

6 months & 1 dayto 4 years and a

Fine Ranging fromPhp 10k to Php

50k

Plea of Guilt with

Recommendation

by Prosecution for

a lesser penaltyallowed

Section 13

Possession of

Dangerous Drugs

During Parties,

Sociai Gatherings

or Meetings

Maximum

Penalties providedunder Section 11

regardless ofquantity or purity

No Plea Bargain

Allowed

Section 14

Possession of

Equipment,

Apparatus & Other


During Parties,

Sociai Gatheringsor Meetings

Maximum Penalty

provided underSection 12

Section 12

Possession of

Equipment,

Apparatus & Other


6 months & 1 dayto 4 years and aFine Ranging fromPhp 10k to Php50k

Section 15

Use of DangerousDrugs

6 mos. Rehab for

1®' offense; 6 yrs& 1 day to 12 yrs

& fine from Php50k to Php 200kfor 2"^^ offense


offense

Section 16, par. 1

Cultivating or

Culture of Plants

Classified as

Dangerous Drugs

or are Sources

thereof

Life Imprisonment

to Death and Fine

from Php 500k to

Php lOM

No Plea Bargain

Allowed

Section 16, par. 3

Acting as Financier


Allowed

Acting as

"Protector/Coddler"

12 yrs & 1 day to

20 yrs and Fine



offense (Plea of

Guilt with

Recommendation


allowed)

Section 17

Maintenance and

Keeping of Originai

Records of

Transactions on

Dangerous Drugs

and/or Controiied

Precursors &

Essentiai

Chemicais

1 yr. and 1 day to

6 yrs, and Fine


No Plea Bargain


offense (Plea of

Guilt with

Recommendation


allowed)

Section 18

Unnecessary

Prescription of

Dangerous Drugs

12 yrs and 1 day

to 20 yrs & finefrom Php 100k to

Php 500k with

revocation of

license of

practitioner



Recommendation


Section 19

Uniawfui

Prescription of

Dangerous Drugs

Life Imprisonment

to Death & Fine

from Php 500k to

Php lOM

Section 18

UnnecessaryPrescription of

Dangerous Drugs

12 yrs and 1 dayto 20 yrs & finefrom Php 100k to

Php 500k withrevocation of

license of

practitioner

Section 26

Attempt or

Conspiracy

Penaity Providedin Previous

Sections for

Importation, Sale,

Maintenance of

Den, Manufacture

& Cultivation of

Dangerous Drugs


Section 27

Criminal Liability ofPublic Officer or

Employee forMisappropriation,

Misapplication or

Failure to Account

for Confiscated

Dangerous Drugs,

etc.

Life Imprisonmentto Death and Fine

from Php 500k toPhp lOM


Section 29

Planting ofEvidence

Death No Plea Bargain

Allowed

Section 32

Liability of PersonViolating anyRegulation issued

by the DangerousDrugs Board

6 mos. & 1 day to4 yrs and fine


No Plea Bargain



Recommendation


Section 37

Issuance of False

or Fraudulent Drug

Test Results

6 yrs and 1 day to12 yrs & fine fromPhp 100k to Php500k

No Plea Bargain



Recommendation


lesser penalty

allowed)

Section 72

Liability of Personwho violates the

Confldentiaiity ofRecords {of drugdependent undervoluntarysubmission

program)

6 mos. and 1 dayto 6 yrs and finefrom Php Ik toPhp 6k



Recommendation


Section 91, par. 1

Responsibility &Liabiiity ofLaw

Enforcement

Agencies and other

Government

Officials and

Employees inTestifying as

Prosecution

Witnesses in

Dangerous DrugsCases

12 yrs and 1 day

to 20 yrs and fineof not less than

Php 500k

Section 91, par. 2

Liability ofImmediate

Superior if hefailed to exert

reasonable effort

to present witness

t court

2 mos and 1 day

but not more than

6 yrs and fine of

not less that Php10k but not more

than Php 50k

Section 91, par. 2

Liability of

Immediate

Superior if hefailed to exert

reasonable effort

to present witness

t court

2 mos and 1 day

but not niore than

6 yrs and fine of

not less that Php10k but not more

than Php 50k



Recommendation


allowed)

Section 91, par. 3

Failure of

Immediate

Superior to Inform

Court of Transfer

or Re-Assignment

of Accused Law

Enforcement Agent

2 mos and 1 day

but not more than

6 yrs and fine ofnot less that Php10k but not more

than Php 50k



Recommendation


10

Section 92

Delay and BunglingIn the Prosecution

of Drug Cases

12 yrs and 1 dayto 20 yrs withoutprejudice tofurther

prosecution under

the RPC



Recommendation


lesser penalty

allowed)

In cases where the imposable penalty is at least life imprisonment, the trialprosecutor must first secure the prior written consent of the City Prosecutor orProvincial Prosecutor concerned to the plea bargain.

In ail other cases, the trial prosecutor shall be given full blanket written authorityby the City or Provincial Prosecutor to agree to a plea bargain at anytime before theprosecution commences the presentation of its evidence subject to the above

guidelines

These guidelines shall serve as an exception to Department Circular No. 55dated December 11, 1990 and shall apply only to cases covered by Republic Act No.9165.

This Department Circular shall take effect immediately until revoked.

For strict compliance.

VITALIANO

Sea

Copy furnished:

All concerned.

AGUIRRE II

etary

Department of JusticeCN : 0201711095

11

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